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AGREEMENT
In
Santiago, Chile, on October 1, 2003, the parties: the Inter-American Children's Institute (IIN), Specialized Organization
of the Organization of American States, represented by its Director
General, Lic. Alejandro Bonasso Lenguas, domiciled at Av. 8 de Octubre
2904, Montevideo, Uruguay, hereinafter known as the IIN;
and the Servicio Nacional de
Menores, a governmental department, part of the Ministry of Justice,
with RUT [Chilean Tax Number] No. 61.008.000-6, represented by its
National Director, Ms. Delia Del
Gatto Reyes, holder of national ID Card No. 6.374.978-8, both
domiciled at Huérfanos 587 5th floor, in the city and province of
Santiago, Metropolitan Region, hereinafter known as the SENAME;
hereby enter into the following cooperation agreement: ONE:
The
Servicio Nacional de Menores and the Inter-American Children's Institute
hereby agree to develop a promotional video. The IIN, by mutual agreement
with the SENAME, shall select the article from the Convention on the
Rights of the Child on which said video is to be based. TWO:
The
promotional video to be produced by the IIN must meet the following
requirements:
THREE:
In
the production of the video, the IIN shall exercise care regarding aspects
of gender, ethnic diversity and multiculturalism, from both the esthetic
and thematic standpoints. FOUR:
The
IIN shall be responsible for the music, lyrics and animation in the video,
and must follow an esthetic style similar to that which was used in other
videos previously produced by the same Institute. FIVE:
The
lyrics contained in the videos shall be performed by Chilean singers. The
performers must be artistically first-rate and widely accepted by the
public, in order to ensure success in the other countries of the Region.
The performers shall use the lyrics and music provided by the IIN. SIX:
The SENAME shall be responsible for finding the performers mentioned in
the previous clause and agreeing with them the terms and conditions under
which they are to provide their services. The
parties agree that, should the aforementioned performance or its related
activities such as recording studios, registration, etc. involve costs of
any kind, these costs shall be charged to the resources indicated in the
tenth clause of the present agreement. SEVEN:
The copyright on the animated video shall be held jointly by the IIN and
the SENAME. The final frame of the video must show the logos of both
institutions, as well as that of the Government of Chile. EIGHT:
The IIN shall distribute the video to all of the Governing Bodies on Child
Affairs in the member countries of the Inter-American System. These Bodies
may include the logos of their own organizations, along with the logos
mentioned in the previous clause. NINE:
The IIN shall produce the video which is the object of this agreement
before April 30, 2004. TEN:
For the production of the aforementioned video, the SENAME shall provide
non-refundable financial resources totaling $7,100,000 (seven million, one
hundred thousand Chilean pesos). ELEVEN:
The present agreement shall enter into force once the resolution approving
it has been duly passed. The commitments undertaken in the present
contract shall last until the SENAME’s approval of the promotional video
which is the object of same. TWELVE:
Within thirty days of completion of the video, the IIN must account for
the funds provided by the SENAME, including by all supporting
documentation for the expenditures made. The
SENAME reserves the right to make an objection and demand reimbursement
for expenditures that are not directly related to the object of the
present agreement, without prejudice to the exclusive powers of the Office
of the Auditor General of the Republic in this respect. If,
at the end of the agreement, the funds provided by the SENAME have not
been used in full, the IIN must return the remaining sums to the SENAME. THIRTEEN:
Should the IIN breach any of its obligations undertaken by virtue of the
present agreement, the SENAME may demand the total or partial
reimbursement of the resources provided, and undertake the pertinent court
action. FOURTEEN:
The
present agreement is signed in three equally valid copies, with the same
contents and date. Two of these shall remain in the possession of the
SENAME, and one in the possession of the IIN. FIFTEEN:
Ms.
Delia Del Gatto Reyes has the
legal capacity to represent the SENAME, pursuant to Supreme Decree No. 293
of the Chilean Ministry of Justice (2000). This
agreement is signed by the Director General of the Inter-American
Children's Institute on an ad-referendum
basis, pending the approval of the Directing Council. ALEJANDRO
BONASSO LENGUAS
DELIA
DEL GATTO REYES
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